Effective: May 27, 2022
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No one under 18 years of age is authorized to use the Service, and we do not intentionally collect, use, store, disclose, or otherwise process Personal Information from anyone under the age of 18. If it will be brought to our attention that we have collected or received Personal Information from an individual under the age of 18, we will delete that Personal Information. If you are a parent or guardian of a person under the age of 18 who has submitted Personal Information, please contact us at firstname.lastname@example.org.
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You must be 18 to use our Service.
We may collect different types of information from you depending on how you use our Service, including Personal Information. “Personal Information” means information that relates to an identified or identifiable natural person. The categories of Personal Information we collect are listed below. Certain types of Personal Information may fall under more than one category.
- Identifiers: We collect your first and last name, email address, username, social media usernames, mailing address, telephone number, Internet Protocol address, software, hardware, and device identifiers, and online identifiers.
- Commercial information: We collect your payment information and transaction history (e.g., your subscriptions). We also accept certain online payment methods, using online payment processors. We will only receive from such online payment processors an indication for the payment.
- Internet or other similar network activity: We collect information about your interaction with the Service (e.g., your internet service provider, referral pages, the content you view on the Service, the dates you access that content, and the length of time you view that content).
- Protected classification characteristics under California or federal law: We collect your age and date of birth.
- Geolocation data: We collect your location.
- Sensory data: We collect your voice, appearance, likeness, video, profile picture, and other images you upload to the Service or share from your social media platforms.
- Categories of personal information described in Section 1798.80(e) of the California Customer Records: We collect your first and last name, signature, physical characteristics, mailing address, telephone number, bank account information, credit or debit card number, or other financial information provided.
- Other categories: We collect information from the content that you share publicly in the Service through its public functions (e.g., your biographical information, profile information, the links you share on the Service to your personal website(s), your comments, posts, and reviews on the Service’s forum, blog, Course review, and other social media pages) or share with us through direct communications.
- We may also collect information that does not generally identify you but may become associated with your account. We may use non personal information for any permissible business purpose under applicable law.
Personal Information that is collected directly from you
We collect Personal Information when you provide it to us directly. For example:
- When you create or update your account, we may collect your name and email address.
- When you purchase a Course or subscription, we may collect your payment information and a record of your transaction history.
- When you use the public functions in the Service such as your user profile, we may collect the information you choose to disclose (e.g., your biographical information, the links you share on the Service to your personal website(s), your comments, posts, and reviews on the Service’s forum, blog, Course review, and other social media pages).
- When you register or login into the Service using certain third party social media platforms, such as Facebook Connect or Google (each, an “Authentication Service”), we may collect your username, profile picture, and email address=.
- When you contact us or report a problem with the Service, we may collect records and copies of your correspondence.
- When you submit a copyright infringement claim, our copyright agent may collect your signature, mailing address, telephone number, and email address.
- When you respond to a survey or questionnaire, we may collect the information provided.
Personal Information that is collected by automated means
Personal Information collected from third parties
We may receive Personal Information from or through third parties that help us provide or facilitate your access to the Service. For example, we may receive Personal Information from social media platforms, advertising partners, payment processors, fraud vendors and customer support vendors.
- If you login to the Service using an Authentication Service or use an image from your Facebook, Twitter, or other social media accounts as your profile picture on the Service, we collect your first and last name, your email address and your profile picture from those social media platforms. To control the settings on the information you share with us through these social media platforms, please refer to the applicable third party Authentication Service.
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We collect your Personal Information directly from you, automatically (including through cookies and other similar technologies), and from third parties such as social media platforms.
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If you login through a Facebook account, we can access that info too.
5. COOKIES AND SIMILAR TECHNOLOGIES
Cookies are small data file identifiers that are transferred to your computer or mobile web browser that allow us and third parties to recognize your browser or mobile device and transfer information about you and your use of our Service, in order, inter alia, to improve your experience of the Service.
We use the following types of cookies:
Essential cookies. Cookies that are essential for our Services to function. They are used to enable core functionality, such as authentication, security, connection stability, etc. You can always set your browser to block or alert you about these cookies, but this may affect how the Website functions.
Analytics cookies. Cookies that help us know which pages are popular and how visitors move around the Website. We use them to count visits, check traffic sources, and measure and improve the website’s performance.
Marketing Cookies. Certain third-party service providers use advertising cookies to identify and store behaviors that users take when visiting our website in order to provide you with advertising based on your interests and preferences.
Our Cookies and Similar Technologies
Third Party Cookies
Browser Settings and Choices about Cookies
The Help portion of the toolbar on most browsers will tell you how to restrict cookies or disable them altogether. However, restricting or disabling cookies may prevent you from using some of the features of the Service. To find out how to see what cookies have been set on your device, and for more information about how to reject or delete cookies, please visit https://www.aboutcookies.org.
Please note that we do not respond to a “Do Not Track” signal from your browser or mobile application.
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6. PURPOSES OF COLLECTION
- To provide or improve the Service – We may use your Personal Information to process your requests to access the Service and to generally provide and improve the Service. For example, we may use your Personal Information to improve a Course.
- To administer the Service – We may use your Personal Information for any lawful business purpose in connection with administering the Service. For example, if you reach out to us with a customer service inquiry, we may use your Personal Information to respond to you or to troubleshoot an issue you reported having with the Service. By way of another example, we may use your Personal Information to collect applicable fees related to the Service. We may also use your Personal Information in order to make sure our Service is safe and secure, preventing fraud and to improve and personalize your experience of the Service.
- To market the Service – We may use your Personal Information to market the Service to you. For example, we may send you news and updates about the Service if you do not opt-out of such communications (described in Section 9 below). By way of another example, we may use your Personal Information to enhance and personalize your shopping experiences and for other promotional purposes.
- In connection with a sale or other transfer of our business – In the event all or some of our assets are sold, assigned, or transferred to or acquired by another company due to merger, divestiture, restructuring, reorganization, dissolution, financing, acquisition, bankruptcy, or otherwise, your Personal Information may be among the transferred assets.
- As may be described to you when collecting your Personal Information.
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We may use your Personal Information that you give us to customize our communications with you and your experience on the Site.
7. DISCLOSURE OF PERSONAL INFORMATION
Third Party Service Providers
We may disclose your Personal Information to a third party service provider such as, hosting services, billing and payment processors and vendors, data and cybersecurity services, web analytics and performance tools, and legal and financial advisors or technical consultants, for a business purpose. When we disclose Personal Information for a business purpose, we enter into a contract with that service provider that describes the purpose and requires the service provider to both keep that Personal Information confidential and not use it for any purpose except performing the contract. These service providers include certain advertising partners and our partner network.
We offer you the ability to share your activities on the Service with your friends and other third parties such as through third party social media platforms (e.g., Facebook). If you choose to share information about your activities in this manner, you are permitting us to share such Personal Information with these third parties.
We may also disclose your Personal Information:
- To our subsidiaries and affiliates. We may share your Personal Information with any of our affiliates where we consider that it is in our legitimate interest to do so, mainly for internal administrative purposes such as compliance, auditing, and ensuring consistent and coherent delivery of the Service;
- To our lawyers, consultants, accountants, business advisors, and similar third parties who owe us duties of confidentiality;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us pertaining to the users of our Service is among the assets transferred;
- To comply with any court order, law, or legal process, such as responding to a government or regulatory request. We may disclose certain Personal Information in response to a subpoena, search warrant, or court order, or in compliance with applicable laws. Such disclosure may occur if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing;
- To enforce any contract we may have in effect with you;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our users, or others; and
- If you have consented to such a disclosure.
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If you want to share something about your CreativeLive experience on Facebook through us, you give us permission to do that.
8. PROTECTIVE MEASURES
Our Retention, Purpose Limitation, and Security Policies
We endeavor to protect your Personal Information through a combination of collection, security, and retention policies.
- Purpose limitation. We will use your Personal Information only for the Service you choose to access and for the purposes for which you choose to share it. We will respect your requests to opt out of marketing messages.
Your Practices and Activities
Users should also not pick a password that is easy to guess and should not share their password.
Please remember that we have no control over what third parties do with the content of your communications and have no responsibility or obligation regarding third parties.
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We work very hard to protect your Personal Information, but we cannot guarantee 100% protection.
9. YOUR PREFERENCES AND OPTIONS
Modifying Your Personal Information. You can modify your account information at any time by logging into your account, clicking on “My Account”, and then the “Edit Contact Information” link. In addition, you may modify any Personal Information in your user profile at any time. We may keep a copy of the prior version of this information for our records. If you have questions about how to modify or remove your account information, please email us at email@example.com.
If you have chosen to connect your CreativeLive account to a third party social media platform (e.g., Facebook), you may modify permissions by changing your account settings in that third party platform.
Opting-Out of Marketing Communications. If you no longer wish to receive email advertisements, you may opt-out at any time by: (i) clicking the opt-out/unsubscribe option contained in each commercial email; (ii) going to your account information and changing your communication preference settings; or (iii) emailing at us at firstname.lastname@example.org. Please note that it may take up to 48 hours for the system to fully update your preferences. Opting out of these communications will not impact emails or other communications we send you regarding your use of the Service (orders, policies, updates, etc.).
Deletion of Your Personal Information. Subject to the additional notices provided to EU and California residents in Sections 10 and 11, if you no longer want us to provide the Service to you, you may request that we delete your Personal Information and close your CreativeLive account. If you request the deletion of your Personal Information: (a) your information will be deleted from our databases; (b) we may retain some of your information as necessary to improve safety and legal compliance such as fraud detection and prevention and enhancing safety (for example, if we suspend a CreativeLive account for fraud or safety reasons, we may retain certain information from that CreativeLive account to prevent that user from opening a new CreativeLive account in the future), to collect any fees owed, enforce our Terms and take other actions as permitted by law; (c) we may retain and use your information to the extent necessary to comply with applicable laws (for example, CreativeLive may keep some of your information for tax, legal, and auditing obligations); and (d) information you have shared with others (e.g., comments made during a Course or on a Course page) may continue to be publicly visible on the Service, even after your CreativeLive account is deleted.
Withdrawing Your Consent. Where you have provided your consent to the processing of your Personal Information by us, you may withdraw your consent at any time by changing your account settings or by emailing us at email@example.com specifically identifying the consent being withdrawn.
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We’ll get social from time to time. You have choices. You can modify your account information and opt-out of emails or communications. We won’t take it personally.
10. ADDITIONAL NOTICE FOR EU RESIDENTS
The following applies to EU users pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation):
Place of Business
When transferring Personal Information out of the EU, we implement technical, organizational, and physical safeguards to protect your Personal Information. We use European Commission approved standard contractual clauses and implement related measures required by applicable law. Please contact us if you have questions related to the relevant transfer mechanism for your Personal Information.
We only collect, use, or store your Personal Information if:
- You voluntarily provide it to us with your specific and informed consent;
- It is necessary to provide you a Service that you have requested (for example, providing you access to a Course);
- We have a legitimate business interest that is not outweighed by your privacy rights (for example, to provide customer service).
- It is necessary to protect your vital interests or the vital interests of others (for example, we may collect or share Personal Information where necessary to resolve an urgent medical situation or protect the health or safety of one of our users or someone else).
Right to Access, Correct, Delete, or Restrict Processing
Subject to any limitations and exceptions under applicable law, you have the right to request access to your Personal Information and exercise a number of rights:
- You have the right to correct or update certain types of Personal Information. In many cases, you can review or update your account information by accessing your account online.
- You have the right to request deletion of your Personal Information. If you choose to have your Personal Information removed from our Service, we will carry out your request within 30 days of account verification, subject to extension, and will only retain minimal Personal Information to document your request and the actions we took to carry out your request, all in accordance with applicable law.
- You have the right to restrict certain processing of your Personal Information, and the right to object to some types of processing of your Personal Information.
- You have the right to withdraw your consent at any time, including objecting to your Personal Information being used for marketing or advertising purposes.
We will comply with your requests in accordance with, and subject to, applicable law. For example, we are not required to delete your Personal Information if it has an overriding legitimate ground for retaining that information such as to prevent fraud. Please note that we are legally prohibited from carrying out requested actions in some instances, including (a) when we are unable to confirm your identity; (b) where the request is considered excessive; and (c) where doing so would adversely affect the rights or freedoms of other individuals.
We Are Here to Help
Please email us at firstname.lastname@example.org with the subject line “GDPR” if you would like to exercise any of the rights described above or if you have questions regarding your rights.
Right to Complain
You have the right to lodge a complaint regarding our collection, storage, or processing of your Personal Information with a data protection supervisory authority in the country where you live or work.
11. ADDITIONAL NOTICE FOR CALIFORNIA RESIDENTS
The following applies to California residents pursuant to the California Consumer Privacy Act of 2018 (“CCPA”):
- In the preceding 12 months, the Company has disclosed the categories of Personal Information listed in Section 3 above for business purposes.
- In the preceding 12 months, the Company has not sold Personal Information. The Company only discloses Personal Information to service providers.
- You have the right to request that the Company disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you, in accordance with applicable law:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also known as a data portability request).
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (a) sales, identifying the Personal Information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
- You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies and in accordance with applicable law. We may deny your deletion request if retaining the information is necessary for us or our service providers to, for example:
- Complete the transaction for which we collected the Personal Information, provide the Service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug the Service to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another user to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with user expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you the Service.
- Charge you different prices or rates for the Service, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of the Service.
- Suggest that you may receive a different price or rate for the Service or a different level or quality of the Service.
Verifiable Consumer Requests
To exercise your rights described above, please email us at email@example.com with the subject line “CCPA”. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm that the Personal Information relates to you.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
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